Divorce – 5 frequently asked questions…

  1. Am I entitled to a divorce?

The one and only ground for divorce is that the marriage has irretrievably broken down. In order to prove this, you will need to provide the Court with evidence of one of following factors; adultery, unreasonable behaviour, desertion, 2 years’ separation with consent or 5 years’ separation.

  1. Will the petition be defended?

Although it is possible for your spouse to defend the divorce, in practice this happens very rarely. If it is defended, we would suggest you seek legal advice immediately. One method to prevent the divorce being defended is to discuss the petition with your former spouse first.

  1. Decree Nisi & Decree Absolute: What are they?

Once the Acknowledgement of Service is received, an application for the Decree Nisi can be made. ‘Nisi’ is the Latin word for ‘if’, demonstrating the provisional nature of the decree. From the date of the Decree Nisi you must wait 6 weeks before an application can be made for the Decree Absolute, and once attained your marriage will have been brought to an end.

  1. Should I apply for the Decree Absolute straight away?

There may be good reason to delay the application, particularly if there is an ongoing dispute relating to finances of the marriage.  The divorce will not deal with financial issues or arrangements for the children. These were historically referred to as ancillary matters and both require separate applications to the Court.

  1. How much will a divorce cost?

The Court’s fee is £550. We offer a fixed fee for your divorce as well as advising whether a Costs Order could be obtained against your former spouse.

To book an introductory appointment, please contact our Bingley Family Law Specialist Andrew Foulds on 01274 511246 or email Andrew.foulds@awbclaw.co.uk

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